On November 17, 2020, the Rosebud Sioux Tribe and the Fort Belknap Indian Community, represented by the Native American Rights Fund and co-counsel, filed a federal lawsuit against the United States Department of Interior (DOI) and the Bureau of Land Management (BLM) over their issuing of the KXL permit. Thats up nearly threefold from a decade ago, and an amount equal to 42 percent of our consumption. Court Pulls Key Permit for Massive (and Dirty) Atlantic Coast Pipeline, Hey, Army Corps of EngineersShow Us Your Work in Your DAPL Report, Week 88: Trumps Runaway Train of Deregulation. In late 2018 and early 2019, the courts repeatedly blocked TransCanadas attempts to start construction on the Keystone XL pipeline. The Fort Belknap Indian Community and Rosebud Sioux Tribe, represented by the Native American Rights Fund, continued their fight against the illegal permitting of the Keystone XL Pipeline with two filings in the US District Court of Montana. The Tribes are taking a stand for their people, their culture, their water and their future, but they also are taking a stand for YOU, said NARF Staff Attorney Natalie Landreth. Large stretches of Keystone have been shut down. There are countless historical, cultural, and religious sites in the planned path of the pipeline that are at risk of destruction, both by the pipelines construction and by the threat of inevitable ruptures and spills if the pipeline becomes operational. State Disclosures. The activities described in the projects Environmental Impact Statement, namely rock ripping, blasting, trenching, top soil removal, and replacement of removed materials as backfill would adversely affect Rosebuds mineral estate. Dirty energy lobbyists claimed developing tar sands would protect our national energy security and bring U.S. fuel prices down. Hearings on the motion to dismiss were held Thursday, September 12, 2019, in the United States District Court for the District of Montana, Great Falls Division. "The Keystone XL Pipeline is an environmental crime in progress." "It's also been called the most destructive project on the planet." The major issues with the Keystone XL Pipeline are "the dirty tar sands oil, the water waste, indigenous populations, refining tar sands oil and don't forget the inevitable; pipeline spills." The Keystone XL Pipeline was an oil pipeline system planned to run throughout the northern United States and southern Canada. But the path to victory wasnt always clear. TransCanada's plan to dig a trench and bury part of its $7 billion, 1,700-mile Keystone XL pipeline right through this land has unearthed a host of Native American opposition, resentments and . He also signs an order requiring pipelines in the United States to be built with U.S. steel. Also in the filings, the Tribes point out that, contrary to defendants arguments, neither the presidents foreign affairs power, nor his role as commander in chief provide him authority to permit the pipeline. The only claims dismissed are the ones that the Tribes conceded should be dismissed because they were based on an old permit. On his first day in office, President Joe Biden signed an executive order canceling the Keystone XL Pipeline Project. This is in violation of federal law.The United States is allowing TransCanada to begin construction even though there has been no review of our treaty rights, hunting and fishing rights, or the impacts to our people, our water, or our environment. Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. sued the Trump Administration in the U.S. District Court for the District of Montana, Great Falls Division, for numerous violations of the law in the Keystone XL pipeline permitting process. This pipeline transports 470,000 barrels of crude oil from North Dakota to Illinois, over 1,172 miles. The pipeline would cross the two sources of water for the Mni Wiconi Project. The Standing Rock Sioux tribe has been one of the most vocal groups in working to oppose the creation of the Dakota Access Pipeline. Its no small feat extracting oil from tar sands, and doing so comes with steep environmental and economic costs. The water has been there to support the people on their ancestral lands since time immemorial. Leading climate scientist and former NASA researcher James Hansen has warned that fully exploiting Canadas tar sands reserves by moving forward with these projects would mean game over for our climate. Now TransCanada (TC Energy) wants to add more miles to their leaky Keystone Pipeline. President Bidens action today is an important first step in correcting the callous disregard for tribal sovereignty that has flourished in recent years. This isnt your grandfathers typical oil, says Anthony Swift, director of NRDCs Canada project. The pipeline, designed to run from Alberta, Canada, to Nebraska, had faced opposition from environmental groups, land use groups and Native American tribal entities for years. January: Nebraska Gov. The 2019 pipeline approval violates both of these provisions. The goal was to transport 830,000 barrels of crude, tar sand oil to refineries on the American Gulf Coast each day. Our water sources are threatened by the dirty tar sand crude, our ancestral homelands are in the direct path of the pipeline, and our people already are suffering the effects of nearby construction worker man camps. They are proposing to do so without the tribal consent required under the treaty law. Its a threat to our climate, our drinking water, and our safety. We look forward to holding the Trump Administration and TransCanada accountable to the Tribes and the applicable laws that must be followed., NARF Staff Attorney Matthew Campbell also reacted to the news, Of course, the treaties were agreed to by the president of the United States and ratified by the Senate, so the treaties clearly apply. Additionally, the Rosebud Sioux Tribe operates its own water delivery system, which is part of the Mni Wiconi Rural Water Supply Project. a new mini-documentary entitled Take Action: Protect Our Land., their response to the defendants motions to dismiss. On the campaign trail, Biden vowed to cancel the Keystone XL cross-border permit should he win the presidencyand on his first day in office, he made good on that promise. The court asked for supplemental briefing on whether the President had the constitutional authority to issue the permit in the first place, which the Tribes are working on now. the desecration and destruction of cultural, historic, and sacred sites; the endangerment of tribal members, especially women and children; damage to hunting and fishing resources, as well as the tribal health and economies associated with these activities; the impairment of federally reserved tribal water rights and resources; harm to tribal territory and natural resources in the inevitable event of Pipeline ruptures and spills; and. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. As you know, our natural resources are finite. its plants and animals, and the natural systems on which all life depends. All facets of the tar sands industry pose a threat to the environment. In return, they asked that the United States protect their lands from trespass and their resources from destruction. to Steele City, Neb.) In the two years leading up to the November 2014 midterm elections, the fossil fuel industry spent more than $721 million to court allies in Congress. But Keystone XL . Anchorage, AK (907) 276-0680 December: U.S. legislators pass a bill with a provision saying President Barack Obama must make a decision on the pipelines future in the next 60 days. TransCanada failed to comply with Rosebud and Fort Belknap law. (That effort failed.) January: The Cushing MarketLink Phase 3a pipeline goes online. If you are worried about the KXL pipeline, take action now. We have been mistreated in this process, and TC Energy has never sought or obtained our consent to build a pipeline in our territory, including on lands held in trust by the United States. At the hearings, the US government argued that the treaties that the United States signed with tribal nations are not relevant to the Keystone pipeline. To provide the best experiences, we use technologies like cookies to store and/or access device information. When the Tribes negotiated their treaties, they gave millions of acres of land to the United Statesincluding, ironically, the land on which the courthouse now stands. The construction of the Keystone XL Pipeline would strengthen the United States economy, provide energy security and have minimal environmental impact. Our health and safety should take priority over companies profits. President William Kindle of the Rosebud Sioux Tribe (Sicangu Lakota Oyate) promised continued vigilance in light of the Nebraska Public Service Commissions decision today to permit TransCanada Corp.s proposed Keystone XL pipeline to cross that states lands. When they entered into treaties with the United States, the tribal nations meant to protect their natural resources (water, grasslands, and game) and keep people from crossing their lands. But the movement has had setbacks: a federal judge in Louisisana recently. ), It would also have led to greater greenhouse gas emissionswhich, the latest scientific reports makes clear, we simply cant afford if were to avoid the most catastrophic climate impacts. The pipeline threat is gone, but the damage to their property and lives is already done. In fact, the treaties were created specifically for this sort of violation. We cannot allow another pipeline to be constructed, dangerously close to yet another tribal community, for the benefit of a foreign energy company.. In 2017, the US State Department released a study which proved that carbon emissions could be between 5 and 20 percent higher than the original 17 percent estimation. They begin by displaying a map of the proposed pipeline that shows that the pipeline will not cross Standing Rock Sioux Reservation, and in fact, it is located entirely on privately owned land except for a 1,094 ft portion . So this is a complete win for the tribes on the motions to dismiss. Some three million miles of oil and gas pipelines already run through our country, but KXL wasnt your average pipeline, and tar sands oil isnt your average crude. BILLINGS, Mont. Recent governmental reports contain new data about climate change, which necessitates new analysis. In exchange for measures like safe passage of emigrants and peaceful construction of the railroads, the US government and tribal nations signed treaties to prevent intrusion on or destruction of tribal nations lands and natural resources. It is a project that has moved forward without regard to legality or safety. On October 16, 2020, the court held that the Presidents permit only applied to the border and not the entire pipeline, but that the tribes could sue the Bureau of Land Management (BLM) for its KXL permitting. The revoked permit became the final nail in the pipelines coffin. January: The Nebraska Supreme Court narrowly strikes down the lower-court decision, ruling that the governors actions were constitutional. February: TransCanada Corporation proposes the Keystone Pipeline project. Our land, water, and people are under direct threat from the KXL pipeline. We will not dishonor our relatives and unnecessarily endanger our health, safety, and wellbeing. TC Energy has indicated it will be looking at a very ambitious 2020 construction season to make up for the lost time, as well. As much as they would like to, TransCanada cannot ignore the laws that protect Native American people and lands.. How a single pipeline project became the epicenter of an enormous environmental, public health, and civil rights battle. Refining the sticky black gunk produces piles of petroleum coke, a hazardous, coal-like by-product. NARF and our clients are confident in our claims against the construction of the pipeline, and we are optimistic the court will not allow this case to be dismissed. The U.S. Senate approves a bill to build Keystone XL. This interactive tool is a powerful visual for Indigenous communities and our allies along the KXL route. This story was originally published on April 7, 2017, and has been updated with new information and links. We are thrilled that the project has been canceled.. See our original complaint filed. The takedown of the notorious Keystone XL (KXL) tar sands pipeline will go down as one of this generations most monumental environmental victories. Because it crosses the U.S.-Canada border, Phase 4 does require a Presidential Permit; however, it has been met with opposition since its initial proposal. Even worse, building Keystone XL would have meant enduring those risks just to send the fuel to our overseas rivalsand the profits to Big Oil.

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